Transferring house deeds and mortgage from Ex to me (Not Married)

Jonocon12345

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I am looking for the thread for the procedure in getting our home transferred into my name. Our relationship has broken down, we are not married. We bought it 1 year ago for €640k, €340k was my cash and mortgage for €300k shared equally. As she put no capital into the home it is accepted that it now goes into my name and i take over the full mortgage. any help please or direct me to the appropriate thread. thanks
 
Talk to your solicitor.

It will be a voluntary transfer, with the consent of the bank to you taking over the mortgage.

There will be solicitors fees, stamp duty and land registry fees.

Mf
 
Talk to your solicitor.

It will be a voluntary transfer, with the consent of the bank to you taking over the mortgage.

There will be solicitors fees, stamp duty and land registry fees.

Mf
Thanks for the advice, appreciate it
 
Hi All. So, my ex is saying she won't pay for a solicitor and I have been told we need 1 each. She says she wants all mortgage payments that she made on the house paid back to her, about 6k even though she put zero capital into it. What can I do if she is refusing to engage a solicitor? We are in house 10 months at this stage and really I just want it sorted so I can move on.
 
Hi All. So, my ex is saying she won't pay for a solicitor and I have been told we need 1 each. She says she wants all mortgage payments that she made on the house paid back to her, about 6k even though she put zero capital into it. What can I do if she is refusing to engage a solicitor? We are in house 10 months at this stage and really I just want it sorted so I can move on.
She needs independent legal advice.

On the basis of the facts you've outlined I don't think it's fair that she gets refunded the interest component of her mortgage costs (maybe the principal). She would have had to pay rent if she hadn't been living with you and paying the mortgage.
 
When you say maybe the principal, is there an entitlement that she is due this? I mean who pays me back what I have put into the house. I feel its lose lose for me and she only wants upside. If she wont engage a soliciot is there anyway i can force this without costing me a fortune
 
When you say maybe the principal, is there an entitlement that she is due this? I mean who pays me back what I have put into the house. I feel its lose lose for me and she only wants upside. If she wont engage a soliciot is there anyway i can force this without costing me a fortune

I don't know what your legal rights are here. Her share of the principal would be about €3k which is pretty small in the scheme of what you are doing here.

Anyway I think this will be simplest and cheapest if you agree something reasonable between you and get solicitors to rubber stamp.

If you start litigating the lawyers will start to cost a lot.
 
Is she not just angling for you to pay for her solicitor as well to give her the independent advice needed?
 
Lord alone knows what she wants or is angling for but right now she is a joint owner - a good thing for her and a joint mortgagor - a bad thing for her.

If the situation is as the OP posted, then yes, that's the way it should go BUT what do you do when reason goes out the window?

Sometimes the simplest thing to do is just give her the money and let her pay her own solicitor. It's a really bad idea to have OP pay a solicitor for her independent legal advice - on many counts.

1. What solicitor wants a reluctant client? Cue missed appointments, tears, anguish etc.,etc
2, While a sum of money can be offered to her for her to go off and get independent legal advice with her getting her own solicitor, how does anyone make that happen?

I know if the OP came in to my office and asked for my advice and , assuming that the partner is now being really thick about things, I'd give him the options of paying her off and getting the thing over the line

OR
possibly issuing proceedings in the family law courts for reliefs under the
Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

OR

possibly
make an application to the Circuit Court to sever the, presumably, joint tenancy

Looking at those options, ignoring the rights or wrongs of it, paying her off looks very much like the cheapest option.

And, for the record, we lawyers want these files in our office considerably less than the proverbial hole in the head.

From someone who spent most of yesterday in the Dublin Circuit Family Court trying to deal with a joint owner of a house who wanted it all, every bit of it, no payment to be made because she just did. So there.

mf
 
I am looking for the thread for the procedure in getting our home transferred into my name. Our relationship has broken down, we are not married. We bought it 1 year ago for €640k, €340k was my cash and mortgage for €300k shared equally. As she put no capital into the home it is accepted that it now goes into my name and i take over the full mortgage. any help please or direct me to the appropriate thread. thanks
When you say 'it is accepted' that it goes into your sole name now, has she agreed to this on paper? If her name is on the mortgage and title deeds then she needs to get a solicitor for sure. I recently removed my ex from my mortgage. You can read my other posts on here but we did buy the home together 50/50 things just went a bit awry during the marriage. From my side I had to contact the bank and make sure THEY firstly agree to the mortgage in my sole name. I asked for a transfer of equity form and they can deduce from that if they will even entertain the idea before you can go further. If they are willing to allow you to take it over yourself then you need her to engage a solicitor as her solicitor will need her to sign and send off a voluntary removal from mortgage form to your solicitor and the bank before anything else can be done. Unfortunately it is not half as simple as removing the other persons name, you basically need to take out an entirely different mortgage without her name on it with your mortgage company and then a conveyancing solicitor can sort out the land registry transfer but unless she engages a solicitor or at very least she contacts the bank herself and voluntarily agrees to the transfer then you have not got a leg to stand on. Its a lengthy process I can tell you. Worthwhile but lengthy and I wish you every success.
 
Hi, thanks for the response. To avoid involving the banks and the minefield that might be I have decided to pay off the mortgage in full by borrowing from parents and when it is in my name to then remortgage the house.
 
Hi, thanks for the response. To avoid involving the banks and the minefield that might be I have decided to pay off the mortgage in full by borrowing from parents and when it is in my name to then remortgage the house.
Careful now. I would be concerned that once the mortgage was paid off that She may dig heels in & contest half ownership of the fully paid off property. She'd then not need to engage the bank legally, just you. Take care. just my opinion.

I reckon you're exposure is increased with the model you describe above.
 
I'd be very careful of that scenario unless everything is fully sorted before actually paying off the mortgage and you'd want to be sure you can remortgage too.

If you have sufficient income for the remortgage then you should have sufficient income to take over the mortgage in your own name. It does not always require a brand new mortgage, banks do have the facility to take a name off an account although some prefer to go the new mortgage route but it is doable, they do it all the time when people die!
 
No, she actually just wants us both to go into a solicitors office and get it sorted out. She wants to move on and nit have this hanging over her head. She is happy to not have the mortgage to pay. Can it be done with 1 solicitor where there is full consent on both sides.
 
She needs her own solicitor. No solicitor should take it on for both (I’m a solicitor and while I don’t do this area of law there are very clearly conflict of interest issues here). You can lead though. You get your solicitor to draw up the paperwork, deal with the bank etc.

I’d give her the principal back, for the reasons stated above very eloquently. Especially if the house has increased in value. I’d meet her, look her in the eye, agree how you are going to do it, shake her hand on it and hopefully it will stay amicable.
 
Hi. Appreciate the advice, as I will be the one paying I was trying to avoid 2 solicitors but I understand your reasons. So if I lead as you say and let us assume that my solicitor and her solicitor are in loop that I will be paying off the mortgage in full so as to remove bank from the equation how would this play out. Reason I dont want bank involved is becasue we want it done straight away and with no fuss of banks and paperwork etc.
 
You go to your solicitor.

Let them take up the Deeds whether or not the mortgage is paid off. Both owners will have to sign an authority.

They'll prepare the Deed/ Transfer and associated declarations for X to sign.

They'll set out your fees, stamp duty, registration fees, etc.,etc.

I'm thinking you may now have a Capital Acquisitions Tax liability- I'm no expert - you'll need to take tax advice on this

See this link


"because we want it done straight away and with no fuss of banks and paperwork etc. "

Just because you want it done straight away, that does not necessarily happen.

I love when clients "don't want any fuss" - this usually means "I'm not listening to anything you say that I don't like the sound of but I'll be real happy to blame/sue you when what you said that I wouldn't listen to actually happens. "

This really is not that difficult but you take your advices before you finalise matters- not afterwards.

Your solicitor will send the necessary paperwork to her solicitor , she signs it and Bingo!- all sorted.

It's a necessary project- not a conspiracy.

mf
 
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